NORTH CAROLINA GENERAL ASSEMBLY

1971 SESSION

 

 

CHAPTER 115

SENATE BILL 5

 

 

AN ACT REGARDING STATUTORY CONSTRUCTION.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 12-4 is amended by adding a new paragraph at the end thereof so that G.S. 12-4 shall read as follows:

"§ 12-4.  Construction of amended statute. — Where a part of a statute is amended it is not to be considered as having been repealed and reenacted in the amended form; but the portions which are not altered are to be considered as having been the law since their enactment, and the new provisions as having been enacted at the time of the amendment.

Whenever the General Assembly (1) enacts a bill which purports to amend an existing general statute by deleting, adding, or substituting specific words or figures, and (2) such bill also purports to set out the wording of the amended statute, or a portion thereof, as it will read after the amendment is accomplished, and (3) there is a variance between the latter and the former, then, in such case, the latter shall control and be presumed to express the amendatory intent of the General Assembly."

Sec. 2.  This act shall become effective upon ratification.

In the General Assembly read three times and ratified, this the 25th day of March, 1971.